Abolition of Exequatur - Addressing the Commission's Concerns

Cuniberti, Gilles; Rueda, Isabelle

doi:10.2139/ssrn.1691001

Cited by 3 publications

(7 citation statements)

References 3 publications

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“…18 Proposal for a Regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast) COM(2010) 748 final (2010 Proposal). 19 Layton (2011) p. 7;Dickinson (2011) p. 8-9;Nielsen (2012) p. 592-593;Kramer (2011a) p. 640;Cuniberti and Rueda (2011) p. 312-315. 20 European Parliament, Draft Report on the proposal for a regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (COM(2010)0748 -C7-0433/2010 -2010/0383(COD)) 28 June 2011, p. 26-27.…”

Section: 2mentioning

confidence: 98%

“…Article 45(1)(b) of the Brussels I bis Regulation (formerly 34(2) of the Brussels I Regulation) and Articles 22(b) and 23(c) of the Brussels II bis Regulation all provide protection for defendants in cases where a judgment was delivered by default. As such, this provision is the 107 Cuniberti and Rueda (2011) only one aiming specifically at protecting the defendant, 113 whereas the public policy exception has a subsidiary character. 114 The provision protects defendants who do not appear at proceedings instigated against them.…”

Section: The Protection Of the Defendant In Default Proceedingsmentioning

confidence: 99%

“…104 108 Some have doubted whether minimum requirements could provide an adequate compensation for the abolition of exequatur. Cuniberti and Rueda consider it an "alibi" for the removal of cross-border checks: Cuniberti and Rueda (2011) p. 297 et seq. More generally, it has been pointed out that it is the cross-border nature of the exequatur procedure which has a protective value and can therefore not be replaced with a check in model is to be found in the Brussels II bis Regulation, pertaining to judgments ordering the return of a child or access to a child by its parents, where the court of origin can issue such a certificate, provided that the child and the parents (in case of access) were given a chance to be heard.…”

Section: 425mentioning

confidence: 99%

“…Regulation (EU) 2015/2421 widened the scope of this review procedure for the ESCP Regulation, in order to address the lacuna identified by the CJEU in its judgment in eco cosmetics/Raiffeisenbank; see 8.5.1.152 Article 19(1) Maintenance Regulation 153. As provided for by Article 14 of the EEO Regulation; Article 18(1)(a) ESCP Regulation, Article 20(1)(a) EOP Regulation 154 Cuniberti and Rueda (2011). p. 298.…”

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confidence: 99%

“…p. 298. 155 E.g Cuniberti and Rueda (2011)Stadler (2004a);Kramer (2008a); Zilinsky(2006); Ptak(2014) 156.…”

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confidence: 99%

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Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Hazelhorst¹

2017

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See the notice on 'Method of citing the case-law of the Court of Justice of the European Union on the basis of the ECLI (European Case-Law Identifier)' on the CJEU's website (http://curia.europa.eu). 51 E.g. (European Court of Human Rights, Case of M.S.S. v. Belgium and Greece, Application No. 30696/09, 21 January 2011.). See the Court's Note explaining the mode of citation and how to refer to the judgments and decisions of the Court (old and new) (October 2013). 52 For the UK, citations refer to the law report the case was published in, e.g. Maronier v. Larmer, [2002] EWCA Civ 774. For France and other Member States, citations include the court that delivered the judgment, the date, and the case number, e.g.

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Section: 2mentioning

confidence: 98%

Section: The Protection Of the Defendant In Default Proceedingsmentioning

confidence: 99%

Section: 425mentioning

confidence: 99%

mentioning

confidence: 99%

“…p. 298. 155 E.g Cuniberti and Rueda (2011)Stadler (2004a);Kramer (2008a); Zilinsky(2006); Ptak(2014) 156.…”

mentioning

confidence: 99%

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Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Hazelhorst¹

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Enforcement Titles Under Brussels I bis Regulation from National to EU Frameworks

Rijavec

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Ius Gentium: Comparative Perspectives on Law and Justice

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The Constitution of Luxembourg in the Context of EU and International Law as ‘Higher Law’

Gerkrath

2019

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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The Constitution of Luxembourg (1868) is characterised in the report as rather a historic and political document than a truly normative one. Its style and wording are typical of a 19th century document, and thus there is a difference between the written document and the 'living constitution'. The chapter on fundamental rights is relatively brief and fragmentary, with some widely recognised principles missing; the standards do not go beyond the standards of the ECHR. Luxembourg has embarked on a process of adopting a new Constitution, which is broadly set to continue the evolutionary constitutional tradition. In the Luxembourgish legal order, international law is regarded as 'higher law', a doctrine that is expected to be formalised in the new Constitution. The powers and history of the Constitutional Court, which started its work in 1998, are described as rather limited compared to other European constitutional courts; the proposed new Constitution envisages its abolition, to be replaced by the Supreme Court. EU and international measures are immune from constitutional review, and there has never been a challenge to national measures implementing EU law. However, some reservations with regard to the European Arrest Warrant have been expressed by the Conseil d'État. Luxembourg's approach to extradition for offences of political nature is more protective than elsewhere.

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Abolition of Exequatur - Addressing the Commission's Concerns

Cited by 3 publications

References 3 publications

Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Enforcement Titles Under Brussels I bis Regulation from National to EU Frameworks

The Constitution of Luxembourg in the Context of EU and International Law as ‘Higher Law’

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